blr202 Quiz 6B latest 2016 july

Question 1

Evidence 6ATF:Daisy says she paid Devon $100 and he agreed she could use his parking space for a month. Devon says he never said that and Daisy never gave him any money. The jury could decide in favor of Daisy based upon her testimony.

True

False

1 points

Question 2

Wk06.Legal Writing 21. In professional writing the word “so” should be avoided

True

False

1 points (Extra Credit)

Question 3

Wk06.Legal Writing 23. All legal arguments must have reasons in support of the conclusion/opinion

True

False

1 points

Question 4

Wk06.Contract. The freezer (unconscionable contracts)..FIRST.

Jones v. Star Credit Corp. 298 N.Y.S.2d 264 (New York state court, 1969) (Shortened, simplified, and all internal citations removed.)

The Joneses, welfare recipients, agreed to buy a freezer for $900 as the result of a Star salesperson’s visit to their home. Sales taxes and financing charges raised the total price to $1,234.80. (1) The freezer’s retail value was about $300. After paying about $620 on the contract, the Joneses filed a suit in a New York state court against Star, who held the contract, to have the contract declared unconscionable and reformed. Star claimed that about $820 remained due on the contract to Star.

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(2) We hold that the contract has been satisfied and Joneses need not make any further payments. The disparity between the purchase price and the retail value, the credit charges that alone exceeded the retail value, and the sellers’ knowledge of the buyers’ limited resources shock the conscious of the court. To sell an item worth $300 for $900 to unsuspecting buyers is unconscionable.

(3) UCC 2-302(1) states that if “the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made, the court may…so limit the application of any unconscionable clause as to avoid any unconscionable result”. (4) The seller knew of the plaintiffs’ limited resources and understanding, and took advantage of them to an extent that cannot in good conscious be accepted by the law.

The sentence labeled with (1) and starting with “The freezer’s retail.” is which of the following?

a.

Analysis

b.

Conclusion

c.

Fact

d.

Issue

e.

Rule

1 points

Question 5

The freezer (unconscionable contracts).

Jones v. Star Credit Corp. 298 N.Y.S.2d 264 (New York state court, 1969) (Shortened, simplified, and all internal citations removed.)

The Joneses, welfare recipients, agreed to buy a freezer for $900 as the result of a Star salesperson’s visit to their home. Sales taxes and financing charges raised the total price to $1,234.80. (1) The freezer’s retail value was about $300. After paying about $620 on the contract, the Joneses filed a suit in a New York state court against Star, who held the contract, to have the contract declared unconscionable and reformed. Star claimed that about $820 remained due on the contract to Star.

(2) We hold that the contract has been satisfied and Joneses need not make any further payments. The disparity between the purchase price and the retail value, the credit charges that alone exceeded the retail value, and the sellers’ knowledge of the buyers’ limited resources shock the conscious of the court. To sell an item worth $300 for $900 to unsuspecting buyers is unconscionable.

(3) UCC 2-302(1) states that if “the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made, the court may…so limit the application of any unconscionable clause as to avoid any unconscionable result”. (4) The seller knew of the plaintiffs’ limited resources and understanding, and took advantage of them to an extent that cannot in good conscious be accepted by the law.

Wk06.Contract. The freezer (unconscionable contracts). Same passage as above. Assume the parties disagreed about the value of the freezer at the trial court level. Who decided that the freezer was worth $300?

The jury

The judge

Roll of the dice.

No one, it was just assumed.

1 points (Extra Credit)

Question 6

The freezer (unconscionable contracts).

Jones v. Star Credit Corp. 298 N.Y.S.2d 264 (New York state court, 1969) (Shortened, simplified, and all internal citations removed.)

The Joneses, welfare recipients, agreed to buy a freezer for $900 as the result of a Star salesperson’s visit to their home. Sales taxes and financing charges raised the total price to $1,234.80. (1) The freezer’s retail value was about $300. After paying about $620 on the contract, the Joneses filed a suit in a New York state court against Star, who held the contract, to have the contract declared unconscionable and reformed. Star claimed that about $820 remained due on the contract to Star.

(2) We hold that the contract has been satisfied and Joneses need not make any further payments. The disparity between the purchase price and the retail value, the credit charges that alone exceeded the retail value, and the sellers’ knowledge of the buyers’ limited resources shock the conscious of the court. To sell an item worth $300 for $900 to unsuspecting buyers is unconscionable.

(3) UCC 2-302(1) states that if “the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made, the court may…so limit the application of any unconscionable clause as to avoid any unconscionable result”. (4) The seller knew of the plaintiffs’ limited resources and understanding, and took advantage of them to an extent that cannot in good conscious be accepted by the law.

Wk06.Contract. The freezer (unconscionable contracts). Same passage as above. The sentence labeled with (2) and starting with “We hold.” is which of the following?

Conclusion

Fact

Rule

Analysis

Issue

1 points

Question 7

The freezer (unconscionable contracts).

Jones v. Star Credit Corp. 298 N.Y.S.2d 264 (New York state court, 1969) (Shortened, simplified, and all internal citations removed.)

The Joneses, welfare recipients, agreed to buy a freezer for $900 as the result of a Star salesperson’s visit to their home. Sales taxes and financing charges raised the total price to $1,234.80. (1) The freezer’s retail value was about $300. After paying about $620 on the contract, the Joneses filed a suit in a New York state court against Star, who held the contract, to have the contract declared unconscionable and reformed. Star claimed that about $820 remained due on the contract to Star.

(2) We hold that the contract has been satisfied and Joneses need not make any further payments. The disparity between the purchase price and the retail value, the credit charges that alone exceeded the retail value, and the sellers’ knowledge of the buyers’ limited resources shock the conscious of the court. To sell an item worth $300 for $900 to unsuspecting buyers is unconscionable.

(3) UCC 2-302(1) states that if “the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made, the court may…so limit the application of any unconscionable clause as to avoid any unconscionable result”. (4) The seller knew of the plaintiffs’ limited resources and understanding, and took advantage of them to an extent that cannot in good conscious be accepted by the law.

Wk06.Contract. The freezer (unconscionable contracts). Same passage as above. The sentence labeled with (4) and starting with “The seller.” is which of the following?

Fact

Rule

Analysis

Issue

Conclusion

1 points

Question 8

The freezer (unconscionable contracts).

Jones v. Star Credit Corp. 298 N.Y.S.2d 264 (New York state court, 1969) (Shortened, simplified, and all internal citations removed.)

The Joneses, welfare recipients, agreed to buy a freezer for $900 as the result of a Star salesperson’s visit to their home. Sales taxes and financing charges raised the total price to $1,234.80. (1) The freezer’s retail value was about $300. After paying about $620 on the contract, the Joneses filed a suit in a New York state court against Star, who held the contract, to have the contract declared unconscionable and reformed. Star claimed that about $820 remained due on the contract to Star.

(2) We hold that the contract has been satisfied and Joneses need not make any further payments. The disparity between the purchase price and the retail value, the credit charges that alone exceeded the retail value, and the sellers’ knowledge of the buyers’ limited resources shock the conscious of the court. To sell an item worth $300 for $900 to unsuspecting buyers is unconscionable.

(3) UCC 2-302(1) states that if “the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made, the court may…so limit the application of any unconscionable clause as to avoid any unconscionable result”. (4) The seller knew of the plaintiffs’ limited resources and understanding, and took advantage of them to an extent that cannot in good conscious be accepted by the law.

Wk06.Contract. The freezer (unconscionable contracts). Same passage as above. The sentence labeled with (3) and starting with “UCC.” is which of the following?

Rule

Conclusion

Fact

Analysis

Issue

1 points

Question 9

The freezer (unconscionable contracts).

Jones v. Star Credit Corp. 298 N.Y.S.2d 264 (New York state court, 1969) (Shortened, simplified, and all internal citations removed.)

The Joneses, welfare recipients, agreed to buy a freezer for $900 as the result of a Star salesperson’s visit to their home. Sales taxes and financing charges raised the total price to $1,234.80. (1) The freezer’s retail value was about $300. After paying about $620 on the contract, the Joneses filed a suit in a New York state court against Star, who held the contract, to have the contract declared unconscionable and reformed. Star claimed that about $820 remained due on the contract to Star.

(2) We hold that the contract has been satisfied and Joneses need not make any further payments. The disparity between the purchase price and the retail value, the credit charges that alone exceeded the retail value, and the sellers’ knowledge of the buyers’ limited resources shock the conscious of the court. To sell an item worth $300 for $900 to unsuspecting buyers is unconscionable.

(3) UCC 2-302(1) states that if “the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made, the court may…so limit the application of any unconscionable clause as to avoid any unconscionable result”. (4) The seller knew of the plaintiffs’ limited resources and understanding, and took advantage of them to an extent that cannot in good conscious be accepted by the law.

Wk06.Contract. The freezer (unconscionable contracts). Same passage as above. This case is filed in the New York state court system. If the parties wanted, could they appeal this matter be heard by the US Supreme Court?

Yes because this case involves a US Constitutional law issue and therefore the US Supreme Court can hear it.

No, this is a matter of state law and the US Supreme Court cannot make state law.

Yes, any case can be appealed to the US Supreme Court.

Yes, all cases involving consumer protection can be appealed to the US Supreme Court.

1 points

Question 10

The freezer (unconscionable contracts).

Jones v. Star Credit Corp. 298 N.Y.S.2d 264 (New York state court, 1969) (Shortened, simplified, and all internal citations removed.)

The Joneses, welfare recipients, agreed to buy a freezer for $900 as the result of a Star salesperson’s visit to their home. Sales taxes and financing charges raised the total price to $1,234.80. (1) The freezer’s retail value was about $300. After paying about $620 on the contract, the Joneses filed a suit in a New York state court against Star, who held the contract, to have the contract declared unconscionable and reformed. Star claimed that about $820 remained due on the contract to Star.

(2) We hold that the contract has been satisfied and Joneses need not make any further payments. The disparity between the purchase price and the retail value, the credit charges that alone exceeded the retail value, and the sellers’ knowledge of the buyers’ limited resources shock the conscious of the court. To sell an item worth $300 for $900 to unsuspecting buyers is unconscionable.

(3) UCC 2-302(1) states that if “the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made, the court may…so limit the application of any unconscionable clause as to avoid any unconscionable result”. (4) The seller knew of the plaintiffs’ limited resources and understanding, and took advantage of them to an extent that cannot in good conscious be accepted by the law.

Wk06.Contract. The freezer (unconscionable contracts). Same passage as above. This case was filed in the New York state court system. If a similar case arose in the Pennsylvania state court system but with different parties, would the Pennsylvania state court have to follow this case?

No, this is a matter of state law and each state makes its own state law.

Yes, because this case involves a US Constitutional law issue.

No, because this case involves an issue of Washington state constitutional law.

Yes, all cases involving water are federal cases.

1 points

Question 11

Wl06. Government. Government official or employee has done some act “B” in the course of their work. It is irrelevant for this question specifically what that act was. Which of the following statements is true?

a.

All acts performed by government officials or employees in the course of their work are subject to review in a court to determine if the act violated anyone’s Constitutional rights.

b.

Only the acts of government officials or employees that violate someone’s Constitutional rights are subject to review in a court to determine if the act violated someone’s Constitutional rights.

c.

All acts performed by government officials or employees in the course of their work are valid.

d.

All acts performed by government officials or employees in the course of their work are legal.

1 points Saved

QUESTION 13

Mountaineer Sales, Inc., is the offeror and Camping Goods Corporation is the offeree under a unilateral sales contract in which Forest Recreation Products Company is also interested. Mountaineer is not notified of Camping's performance within a reasonable time. Mountaineer

a.

must contract with Forest.

b.

must contact Camping.

c.

may treat the offer as having lapsed.

d.

must assume that Camping has started to perform.

1 points Saved

QUESTION 14

Perfect Potato Chip Company makes an offer that Snack Foods Corporation would like to accept. Under the "mirror image rule" relating to offer and acceptance, an acceptance

a.

may include additional terms not contained in the offer that will become part of the agreement if the offeror does not object within a reasonable period of time.

b.

may include additional terms not contained in the offer so long as they do not materially alter the agreement.

c.

must include only those terms and conditions contained in the offer.

d.

may contain additional terms as long as all parties agree to the additional terms.

1 points Saved

QUESTION 15

Rita, the manager of the State University (SU) soccer team, orally agrees to lease a certain number of specially made SU banners from Top Banners, Inc. This lease is enforceable only if Top has made a substantial start on making the banners and

a.

the soccer season has not ended and SU goes to the finals.

b.

the banners are not suitable for others in the course of Top's business.

c.

SU does not have other, similar banners available.

d.

Rita agreed to the lease on behalf of the SU soccer team.

1 points Saved

QUESTION 16

Jamie is redoing his kitchen and decides he needs a floor sander to complete the job. Jamie tells Rachel, his neighbor, that he needs a floor sander. Rachel tells Jamie to call Home Repair Rentals, Inc. Home Repair Rentals leases Jamie a floor sander. In this transaction the lessor is

a.

both Jamie and Rachel.

b.

Rachel.

c.

Jamie.

d.

Home Repair Rentals.

1 points Saved

QUESTION 17

Real estate transactions are always governed by Article 2 of the UCC.

True

False

1 points Saved

QUESTION 18

Sweets Store buys chocolate from Tasty Candies, Inc. The parties agree that the chocolate will be shipped "F.O.B. Sweets" via United Railroad Corporation. The chocolate is lost in transit. The loss is suffered by

a.

Sweets, Tasty, and United.

b.

Tasty only.

c.

Sweets and Tasty, but not United.

d.

Sweets only.

1 points Saved

QUESTION 19

Megan, an agent for a department store, orders one hundred dresses from Sal's Clothing Shop for the Spring Blossom Sale. There is no specific agreement in the sale contract indicating when title will pass to the department store. The title will pass to the department store when

a.

Sal's Clothing Shop physically delivers the dresses to the department store.

b.

Megan pays Sal's Clothing Shop for the dresses.

c.

Megan signs the contract.

d.

Megan and the Sal's Clothing Shop agent sign the contract.

1 points Saved

QUESTION 20

A firm offer by a merchant may be oral.

True

False

1 points Saved

QUESTION 21

Nature's Products, Inc., sends its standard order form to Interbusiness Distribution Corporation (IDC) to evidence a sale of packing materials. IDC responds with its own standard purchase order form. Additional terms in the purchase order automatically become part of the contract unless

a.

the terms materially alter the original contract.

b.

the original offer expressly required acceptance of its terms.

c.

the offeror objects to the new terms within a reasonable time.

d.

any of the choices.

1 points Saved

QUESTION 22

The UCC requires that the mirror image rule be followed for all acceptances.

True

False

1 points Saved

QUESTION 23

Generally, acceptance of an offer to lease goods may be made in any reasonable manner and by any reasonable means.

True

False

1 points Saved

QUESTION 24

Future goods are goods that are not both existing and identified to the contract.

True

False

1 points Saved

QUESTION 25

A-1 Furnishings, Inc., agrees to lease a desk to Business Resources, Inc. (BRI), which requests that the desk be left outside City Warehouse for BRI to pick up. Before BRI retrieves the desk, it is stolen. The loss is suffered by

a.

BRI only.

b.

A-1 Furnishings, BRI, and City Warehouse.

c.

A-1 Furnishings only.

d.

A-1 Furnishings and BRI, but not City Warehouse.

1 points Saved

QUESTION 26

The right to cure is the right of a party who tenders nonconforming performance to correct his or her performance within the contract period.

True

False

1 points Saved

QUESTION 27

Bill orders 1,000 nails from Super Hardware, Inc. Super Hardware keeps its nails in packages of 100,000. Bill and the agent for Super Hardware both sign the contract for the sale of the nails on Monday. The agent separates 1,000 nails on Wednesday. The agent delivers the nails to Bill on Thursday morning, and Bill pays for the nails on Friday. Identification of the nails took place on

a.

Monday.

b.

Wednesday.

c.

Thursday.

d.

Friday.

1 points Saved

QUESTION 28

Peter, an agent for Zippy Cars, Inc., writes a letter to Cassandra on March 1 stating that he will sell her a 2011 Suburu Outback for $20,000 between March 1 and April 30. Peter's letter to Cassandra is

a.

a breach.

b.

an acceptance.

c.

a firm offer.

d.

a bilateral contract.

1 points Saved

QUESTION 29

Roy's Chick'n Shack orders chicken from Standard Food Supplier, but Standard does not deliver. Roy's will probably be unable to enforce the agreement if the parties

a.

did not specify a payment term.

b.

did not limit the duration of the deal.

c.

have not begun to perform.

d.

did not specify a quantity term.

1 points Saved

QUESTION 30

A course of performance is the conduct that occurs under the terms of a particular agreement.

True

False

1 points Saved

QUESTION 31

FISHERMAN: On 1/6/13 Mr. Fisher shows up at the dock and says he now wants $75/day or he won’t get on the boat. All the other fishermen are gone on the boats. Boat Owner reluctantly agrees.

On this day, 1/6, what legal duty does Mr. Fisher have toward Boat Owner?

a.

Pay Mr. Fisher.

b.

Enter into a contract with Boat Owner on 1/6/10.

c.

To fish for Boat Owner between 1/6 and 5/5 for $50/day.

d.

None

1 points Saved

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